The Federal Communications Commission is seeking to slap Viacom, NBCUniversal and ESPN with a combined $1.9 million fine over the Olympus Has Fallen trailer.
The trailer had a tone that was too similar to the one used for the Emergency Alert System, reports Variety. The FCC said it has “long prohibited the transmission of actual or simulated EAS Attention Signals or tones in circumstances other than a real alert or an authorized test.”
The FCC added that it was worried that if the sound is used for anything other than an actual emergency or test, people might become “desensitize[d]” to it.
The federal agency wants to fine ESPN $280,000 for airing the commercial 13 times, NBCU $530,000 for 33 airings and Viacom the much higher $1.12 million for 57 airings, according to The Hollywood Reporter.
The three companies have copped to using the EAS sound, but aren’t sure they should have to pay any fines over it as they claim anyone who watched the TV spots would immediately see it as a movie trailer and nothing more.
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